Gun Regulations in National Socialist Germany

Introduction

How often have you heard the narrative that as soon as the NSDAP came to power, they disarmed their citizens? How often have you heard that the INSDAP was an authoritarian dictatorship state that gave their citizens no rights to private ownership nor humanitarian rights? I have lost count on how many times I have heard these false narratives about the laws and freedoms of the German folk during the time of the NSDAP.

A common belief for the American people who are themselves armed to the teeth and who religiously defend the second amendment, is that the NSDAP, did not permit the private ownership of firearms. Totalitarianism, the freedom fighters have been taught, is that the mutual trust between the citizen and the government is non-existent as if it were a slave system with no rights given at all. While this certainly can be true under Totalitarianism, it was not the case under Adolf Hitler, and it certainly does not strictly apply to Totalitarianism when systems such as Capitalism and Communism exist. Yet, one can understand why the average freedom-fighting gun owner feels this way. Not only has he been taught the false narrative of the Germans, but he also sees the current effort of his own government trying to disarm him which is an essential element to the freedom that he has earned. In this post, I will look to expand upon the laws of gun ownership in National Socialist Germany and the rights of the citizen in order to debunk this long-standing myth of no private ownership with firearms.

Gun history in Germany

After the defeat of Germany in 1918, the Kaiser of Germany abdicated which left Germany in the hands of very dangerous political ideologies and people. During the 20s, the NSDAP continued to gain recruits and strength just as much as the Communists and other political parties did. It was, in essence, a really large tug of war with everyone grabbing a rope to pull the main source of power sitting in the middle to them.

With the increasing political situation becoming increasingly unstable as Weimar was losing popular support, the government’s response was to substantially tighten up restrictions on the rights of German citizens to keep and bear arms. The law of firearms and ammunition of April 12, 1928 had the most substantial effect in this regard. This law was put forward by a leftist government consisting mostly of a coalition of Jews, Socialists, and Catholic centrists and headed by a man named Wilhem Marx.

Even after the National Socialists had come to power in 1933, it had taken time to loosen these restrictions. It was not until 10 years later, in 1938, that these laws hadbeen enacted on for the free German folk. The law of March 18, 1938 called “Das Waffengesetz,” was made to replace that of which had been put in place by Weimar and give ordinary Germans the freedom to bear
arms rightfully.

Outlining the National Socialist gun laws of 1938

Das Waffengesetz has many points outlined in its motion. To make sure you fully understand before you read; a citizen in Germany was someone called a “Volksgenosse.” This is, in essence, someone who is of German blood. Here is a key summary of the laws features: • Handguns may be purchased only on submission of a Weapons Acquisition Permit (Waffenbewerbschein), which must be used within one year from the date of issue. Muzzle loading handguns are exempt from this requirement. (In 1928, the law required a permit for the purchasing of long guns as well, but the National Socialists dropped this requirement.)
• Holders of a permit to carry weapons (Waffenschein) or of a hunting license, do not need a Weapons Aquisition Permit in order to aquire a handgun.
• A hunting license authorizes the bearer to carry hunting weapons and handguns.
• Firearms and ammunition, as well as swords and knifes, may not be sold to minors under the age of 18 years. (In 1928, the age limit was 20 years old, but this was changed.),
• Whoever carries a firearm outside of his dwelling, his place of employment, his place of business, or his fenced property, must have on his persons a Weapons Permit. A permit is not required for carrying a firearm for use at a police-approved shooting range.
• A permit to acquire a handgun or to carry firearms may only be issued to a person whose trustworthiness is not in question and who can show need for a permit. In particular, a permit may not be issued to:

  1. Persons under the age of 18 years.
  2. Legally incompetent or mentally retarded persons.
  3. Gypsies or vagabonds.
  4. Persons under mandatory police supervision (i.e., on parole), or otherwise without civil rights.
  5. Persons convicted of treason or high treason or known to be engaged in activities hostile to the state.
  6. Persons who for assault, trespass, a breach of the peace, resistence to authority, a criminal offense, misdemeanor, or a hunting or fishing violation who were legally sentenced to a term of imprisonment of more than 2 weeks, if three years had not passed since the term of imprisonment.

• A permit may only be issued if the applicant is a German citizen with a fixed place of residence within the territories of the Reich.
• Anone who manufactures, modifies, or repairs firearms or ammunition on a professional basis, must obtain a permit. The refilling of cartridge cases is equivalent to the manufacture of ammunition.
• A permit may not be issued if the applicant and the persons participating in the technical direction of his business is a Jew. .

The manufacture, sale, carrying possession, and import of the following are prohibited:

  1. Trick firearms designed so as to conceal their function (e.g. cane guns and belt-buckle pistols).
  2. Any firearm equipped with a silencer and any rifle equipped with a spotlight.
  3. Cartridges with a .22 caliber or hollow-point bullets.
    • Weapons operating on the principle of compressed air, and with a caliber of 7mm or less, are not subjected to the regulations of the act.

After the war

At the end of the second world war, the allies were astounded to discover how many ordinary Germans owned private firearms. Tens of thousands of pistols and rifles were confiscated and looted from ordinary homes by soldiers and taken back home as personal possessions. In 1945, General Eisenhower ordered all privately-owned firearms in the American sector alone to hand in their weapons. Rifles, hand guns, ammunition, and even sharp weapons like swords were handed in. That is if they had not already been taken by the servicemen. It was a different story in the Soviet territories. German civilians were shot to death if they were found harboring weapons or even a single cartridge. Axis equipment was also taken, although most of it was dumped in the ocean and left there. German ships were also used as target practice for nuclear tests. A lot of ammunition was also thrown into the ocean, along with weapons that fired such ammunition. It seems like a waste but apparently the allies had no use for it. They did however recycle a lot of the metals though. An example of this dumping was in Norway, where the government chose to dump around 168,000 tones of German weapons and ammunition into the country’s lakes and fjords after the German occupation ended. Also, 32,000 tones of chemical weapons and around 400,000 rockets and bombs filled with mustard gas ended up being dumped into the ocean by the allies. A lot of these items are still sitting in the oceans today. Get your metal detector out and I’m sure you’ll make a fortune.

Summary

There are numerous laws applied to this motion, however I have covered the laws which I deem the most necessary to point out. Numerous other provisions of the law relate to firearm manufactures, importers, and dealers and also firearms by police, military, and other official personnel. Also, for tourists travelling to Germany, a fee of 3 Reichmarks could be paid for bringing a firearm into Germany. The requirements of “trustworthiness” and proof of need when obtaining a permit were troubling, however it should be noted that they were carried over from the 1928 laws and that part of the law was not formulated by the National Socialists. Under the National Socialists, these requirements were interpreted liberally; a person who did not fall into one of the prohibited categories listed was considered trustworthy, and a statement such as “T often carry sums of money” was accepted as proof of need. The prohibitions of spotlight-equipped rifles and hollow-point .22 caliber ammunition was based on the considerations that the former unsupported when they were used for hunting, and the latter was inhumane. Considering the circumstances and the position that Germany was in with its neighboring countries and also the troubling issues with the civilians in the country who were deemed hostile, I believe the 1938 laws were appropriate to initiate.

For more information on the laws and for full details, visit the published book by William L. Pierce called “Gun Control in Germany.” Use this information wisely, for it may help you formulate a better argument when talking about this subject to someone.