Gun laws in Swastria

Firearms Legislation in Swastria is governed by a series of laws, the most important being the Federal Arms Law (1991) (Bundeswaffengesetz, BWG) and the Federal Arms Agreement (Bundeswaffeneingung, BWE). Both of these pieces of legislation outline the roles and responsibilities of federal and constituent governments on regulating the possession, import, sale, and use of firearms, parts, and ammunition.

Gun ownership and usage is recognised as a "conditional right" (Abhängigsrecht), a concept which states that neither federal nor constituent governments can infringe on the ability of a person to possess and use firearms provided they meet criteria established under federal and constituent law. This has made changes to laws very difficult to do except under exceptional circumstances.

Swastria has a long association with the firearm, beginning essentially since its inception as a state. In addition to a strong affinity with hunting and marksmanship, the history of the development of Swastria's armed forces, and in particular the concept of a citizen army, has generated a culture that has treasured and respected firearms. To this extent, Swastria's gun culture, alongside those of other countries such as Sjealand, have been held up as examples of responsible gun ownership by many countries around Esquarium.

History

Swastria lacked any specific legislation regulating the ownership and use of firearms for over two centuries, given the cumbersome nature of powder muskets and rifles, civilian ownership of which was not given much concern. However, uprisings towards the middle of the 19th century, in particular the Federal War of 1847 saw the issue of civilian ownership of firearms raised as a public issue for the first time. While there was considerable public debate regarding the ownership of firearms, it was decided to proceed with the Musket Law (Musketegesetz) in February 1848 which limited civilian ownership to those who were members of the military.

This law was rescinded upon the outbreak of the Great War in the North in 1864 as the military required extensive manpower. At that time, the constituent countries were responsible for the raising of non-professional or non-permanent military units, especially Landwehr units that were extensively used to provide manpower for the war against Sjealand. After victory in 1867, the Musket Law was not replaced, and thus civilians were able to freely own firearms.

The concentration of firearms was more or less kept to the upper classes, who were prolific {[wplHunting|hunters}} and hobby shooters. Often some of the most extensive firearms collections were kept by the lower ranks of the nobility for display as well as practical use on country estates. A growing number of farmers also began to make use of firearms for much of the same reasons as those in the landed gentry, chiefly for livestock protection from predators.

With the advent of cheaper firearms, cheaper ammunition, and a growing middle class, hobby shooting became more popular sport in Swastria. Dozens of rifle clubs (Büssevereen) appeared, which provided, among other things, courses in firearms operation. A law was introduced in 1895 which made membership of a rifle club mandatory for those wanting to become sports shooters. The Sportwaffensgesetz (Sport Arms Law) became the first piece of legislation to introduce some form of regulation on firearms, but was limited in its scope.

The Essigen massacre in 1913 saw the first sweeping firearms laws since the Musketegesetz in 1848. In 1914, the Federal Parliament passed the first piece of legislation entitled the Federal Arms Law (Bundeswaffengesetz). The law prohibited the civilian ownership of all military firearms, including pistols, and created the first categories of firearms to delineate which ones could be legally owned and purchased and which could not. This applied to all constituent states in Swastria and lasted until 1920, during the Continental War. It was quietly dropped in favour of wartime legislation and the mobilisation of Landwehr units by the constituent countries. The repeal of legislation allowed civilian ownership of rifles and pistols, as parts of Swastria were under enemy occupation at the time, and many residents were called upon to resist the Sjealandic occupiers in occupied areas.

The war's end in 1923 prompted the government to review legislation, and adopted new legislation drawing from previous attempts at regulation. The 1923 arms law differed from previous attempts in that it expanded the categories of firearms and included ammunition and storage in its statutes. In addition, it was one of the first legislative bills that required a permit in order for a person to legally own firearms. The Waffensverlöff (Arms permit) still exists as a legal document.

A typical Schetenstand in rural Swastria.

From it's adoption in 1923 until its repeal and replacement in 1991, the 1923 arms law remained the longest lasting of any of Swastria's firearms legislation, existing for at total of 68 years virtually unchanged. During that period, Swastria saw several instances where guns were used in violence both against the state, in the case of the June Uprising in 1932, and against civilians in the Seemark conflict, including two notable school shootings. Attempts at reforming firearms legislation after these events had run into several hurdles, including a strong opposition from Swastria's firearms manufacturers, and from sports shooters, hunters, and other firearm enthusiasts. Public up-swell for reform finally won, and the existing legislation was repealed and replaced in 1991 with the third and current Federal Arms Law.

Despite a significant mass shooting that occurred in 2005 which resulted in the deaths of 17 people, Swastria has generally experienced low gun crime, with amendments made to existing legislation to strengthen it.

Powers

The Federal Arms Agreement, signed in 1992, delineates the powers over firearms regulation and legislation to be divided between federal and constituent governments. This allows cooperation on existing legislation, and for constituent countries to impose their own regulations where no federal law exists. The agreement mandates cooperation between the two levels of government, and is intended to prevent one level of government from overreaching, or undermining one another.

Federal

The federal government has powers over the restriction over the kinds of firearms, parts, and ammunition that can be legally sold, possessed, and used in Swastria. Furthermore it has powers over the creation of criteria for arms permits that are issued at the federal and constituent levels.

The federal government is the sole issuer of import permits for firearms, parts, and ammunition, as well as the sole issuer of permits for the ownership of restricted classes of firearms.

For enforcement, the federal government enforces any and all federal statutes in relation to firearms. It maintains a register of all restricted firearms in Swastria.

Constituent

Constituent governments have powers over the restriction of the use of firearms outside of restrictions already present in federal legislation, and enforces some federal laws on the behalf of the federal government.

Constiutent governments issue all other permits for the ownership of non-restricted firearms, and are involved in the approvals process. Since 2007, constitutional governments have also been the sole issuers of hunting permits for constituent and district hunting reserves.

Each constituent government maintains a register of all non-restricted firearms purchased and owned in that country.

Regulation

Licencing

In order to purchase, own, use, or possess a firearm in Swastria outside of law enforcement or military service, an individual must be in possession of a valid waffensverlöff, or arms permit, commonly abbreviated to WVf.

Permit types

There are four types of arms permits issued in Swastria: standard, restricted, sporting, and dealer.

A standard arms permit (Wennlicheswaffensverlöff, WWVf) allows for the ownership of most firearms types in Swastria. These include handguns, carbines, long guns, and shotguns. It is the most common type of permit in Swastria, with approximately 62% of permits issued being standard permits. In addition to firearm ownership, a standard licence allows the purchase of firearms parts, including magazines with a capacity of up to 10 rounds for all firearm types.

A restricted arms permit (Bekrumpenswaffensverlöff, BWVf) allows for the ownership of firearms classified as restricted by the federal government. These include all fully automatic firearms, large calibre rifles, and certain pieces of artillery. Included within restricted arms permits is the purchase of high capacity magazines, classified as any magazine with a capacity over 10 rounds, and large calibre ammunition.

A sporting arms permit (Sportswaffensverlöff, SWVf) allows for the ownership of competition pistols and rifles. This permit is subject to the same restrictions as a standard arms permit, with additional restrictions placed on use.

A dealer arms permit (Hannelsmannwaffensverlöff, Hm-WVf) permits the sale of weapons, parts, and ammunition, in addition to a number of firearms being kept on the premises of a registered firearms dealer. It also permits the manufacturing of firearms and ammunition.

Furthermore additional endorsements (werbungen) can be obtained in addition to the licence. Bona fide gun collectors may obtain a sammlerswerbung or collector's endorsement that allows them to obtain a collection of firearms, including A-Klass firearms.

Criteria

In order to obtain an arms permit, a number of criteria must be met. In addition to a permit application, an applicant must provide the following: ⦁ valid identification or passport copy

⦁ valid proof of address

⦁ details of any criminal convictions six months prior to the date of the completed application form

⦁ details of where the firearms will be kept

⦁ details of military or national service if the applicant has served in the armed forces

⦁ details of service in another armed service, such as a law enforcement agency

Arms permits are permitted to be issued to [[|Citizenship in Swastria|Swastrian citizens]] and permanent residents who have lived in Swastria for 10 years. In addition to providing the above, potential applicants must provide a reason for firearm ownership. These include, but are not limited to, hunting permits issued by a constitutional government, membership of a rifle club, historical reenactment society, or other historical institution requiring the use of firearms, or registration with the Federal Sports Shooting Association (Bundessportschüttenverbund, BSSV), among others.

Applicants must demonstrate that their place of residence has secure storage for firearms and ammunition. Since the 1950's, all new residential dwellings are built with a storage locker for firearms and ammunition on the pretext that they may be owned or resided by individuals who are performing National Service in the armed forces, or serve as part of commitments in the Royal Swastrian Army Reserve or constituent Landwehr units. This aspect for many applicants is more or less a formality.

Applicants must also undergo two in person interviews with a firearms officer from a constituent police force (or the Federal Police if they reside in Wittburg), as well as pass a physical and mental health check, an aptitude check, and undergo compulsory firearms training. The latter applies to all non-citizens wishing to apply for an arms permit, and citizens who have either not served in the military, or have not received refresher training in more than three years. Those who have conducted national service or have left the military and apply for an arms permit may provide their military or national service record as proof of receiving firearms training.

Firearms

Firearms in Swastria are divided into different categories according to certain characteristics. These may range from physical characteristics, such as length, size, to calibre fired, to firing mechanism.

There are four categories (klassen) of firearm.

Wennlichesklass, abbreviated to W-Klass, are firearms that are permitted to be owned and used on a standard arms permit. W-Klass firearms include the following:

⦁ all single shot and semi-automatic handguns with a calibre of 9x21mm and under

⦁ bolt action rifles with a calibre of 7.92x57mm or under

⦁ semi-automatic rifles with an integrated buttstock and trigger assembly, a magazine capacity of no more than 10 cartridges, and a calibre of 7.92x57mm or under

⦁ Lever action rifles with a calibre of less than .450

⦁ Pump action shotguns with an internal or detachable magazine with a capacity of no more than eight cartridges and an calibre of 12-gauge or less

Bekrumpensklass, abbreviated to B-Klass, are firearms that are permitted to be owned and used on a restricted arms permit. B-Klass firearms include the following:

⦁ all semi-automatic rifles with a pistol grip, telescopic or non-integrated buttstock, a magazine capacity not exceeding 30 cartridges, and a calibre larger than 7.92x57mm and not exceeding 11.9mm

⦁ all full automatic firearms longer than 720 milimetres (30 inches) in length

⦁ all semi-automatic shotguns

⦁ all bolt action rifles with a calibre larger than 7.92x57mm

⦁ all submachine guns manufactured after 1991

Arveklass, abbreviated to A-Klass, is a class specifically for weapons that were manufactured before 1991 and are otherwise not covered under existing classes. These primarily include submachine guns manufactured between 1917 and 1991, certain semi-automatic rifles, and single shot black powder firearms such as muskets and flintlock pistols. These firearms may be owned on both standard and restricted arms permits, depending on the firearm in question and whether or not the permit holder has a collector's endorsement.

Insatzklass, abbreviated to I-Klass, are firearms or weapons that fall outside of the other classes of firearm. These are mostly referencing explosive weapons such as mortars and artillery pieces that are legally allowed to be in the possession of dedicated museums or replicas of artillery pieces used for dramatic production. These are allowed to be in working order, provided that they exclusively fire blank ammunition. I-Klass also covers a number of "personal defence weapons" that do not explicitly fall within other categories, or have been placed into this category by the federal government.

Ammunition

All ammunition in use in Swastria by civilian firearms owners must be either acquired through a licenced firearms dealer, or imported through a special government distribution company that specialised in restricted calibres and types of ammunition.

For purchasing non-restricted ammunition, only the presenting of a valid arms permit is needed. Ammunition classed as non-restricted includes all centrefire and rimfire types up to and including 9x21mm for handguns, 7.92x57mm for rifles, and 12-gauge or less for shotguns. Permitted purchases are limited to two boxes of 30 cartridges per person.

Restricted ammunition is purchased through the Federal Munitions Corporation (Bundesmunitionenkonzern, BMKz), a state owned corporation that purchases ammunition from overseas and sells it primarily to restricted permit holders, although standard permit holders with a valid hunting permit may purchase hollowpoint ammunition from the corporation. Ammunition types that are considered restricted include all calibres above the designated maximum for non-restricted ammunition, and hollowpoint ammunition of any calibre. The latter is exclusively reserved for hunters and game wardens as needed.

Use

Firearms in Swastria may be used for private purposes, such as hunting, sport shooting, marksmanship and, in some limited instances, self defence. Commercial use of firearms, such as private shooting ranges and some commercial hunting are also considered to be acceptable uses of firearms in Swastria. Their use is regulated by both federal and constituent law.

Transport

The transport of firearms in Swastria is regulated by both federal and constituent law. Both levels of government require firearms to be safely stored in vehicles during transit for non-military personnel both within constituent countries and travelling nationally.

At the constituent level, rifles and shotguns may be transported in vehicles in one piece provided that they are hidden from view of the general public, and are in a secure case or locker in the vehicle. Constituent law requires that all firearms must be unloaded, with no ammunition present in the firearm or magazine.

Federal law requires that any firearm that can be broken down must be broken down if travelling between constituent countries. Shotguns are allowed to be transported in one piece providing that the vehicle transporting them meets the same requirements as those in constituent law.

Carrying

A person may open carry a firearm in public if they are an active duty service member of the armed forces on exercise, parade or deployment, a member of the military reserves going to and from exercising and revision training, or a member of a Landwehr unit for the same purposes. The same applies to law enforcement officers.

Open carrying of firearms is generally prohibited in urban areas except if the person is participating in a historical reenactment or dramatic production or is a member of a government agency permitted to use firearms as part of their job. In rural areas, the carrying of firearms is less stringent, and individuals may carry them within designated hunting reserves for the purposes of hunting, or on private property.

Individuals may carry concealed firearms about their person if they have a personal weapons permit ('Egenwaffensverlöff, EWVf). In order to obtain one, an individual must have held an arms permit for at least five years, must have completed firearms training course and complete a refresher course, stated the plausibility for the need to carry a weapon for personal defence, the defence of others, or physical property. These permits are issued sparingly, and are only valid for handguns. In 2018, 17 of these permits were issued by the federal government, all of them to security contractors.

Shooting

The discharge of firearms is regulated by constituent legislation. All constituent countries are somewhat consistent when it comes to the discharge of firearms. Aultenriek, Eeksland, Mittegau, Riesegau, and Seemark all prohibit the discharge of firearms within five kilometres of a residential area. In Algau, Bauensgau, Föhresland, Noordmark, and Sarau, the distance is three kilometres. Oostmark and Senftenberg have a minimum distance of two kilometres. Because of Wittburg's largely urban setting it is not allowed at all. All constituent countries and Wittburg make exceptions for indoor ranges, law enforcement, the military, and in cases of self defence where the lives of an individual or others are at grave risk.

Punishments of this rule vary by constituent country. In Algau, Aultenriek, Eeksland, Mittegau, and Sarau impose a ƒ2,500 ($2,000) fine for violations, with the remainder of constituent countries, aside from Oostmark, imposing ƒ1,900 ($1,520) fines. Oostmark imposes a fine of ƒ2,750 ($2,200) and/or a possible six month imprisonment if the firearm was discharged at a residential or commercial building.

Certain weapons are restricted on where they can be fired. W-Klass firearms may be used on private properties outside of the urban limits, with hunting rifles able to be used in public hunting reserves with a valid hunting permit. B-Klass and A-Klass weapons are restricted to gun ranges and rifle clubs, although some firearms may be used in historical reenactments with blank ammunition only.

Sale

Commercial sales of firearms are regulated by federal law. All brand new firearms must be purchased from an approved and registered gun store or gunsmith who holds the relevant dealer permit.

An individual wishing to purchase a firearm must provide their arms permit and proof of having completed firearms training, either through an approved course at a rifle club or a military/national service record booklet. There is a minimum waiting period of two days for non-restricted weapons and one week for restricted weapons.

Private sales may be made, but all people wishing to sell their firearms privately must register their intent to do so with constituent police forces. They must state what firearms are being sold, to whom they are being sold, and give details of both the seller and the buyer, including contact details, home addresses, firearms course completions, etc. Only non-restricted W-Klass firearms and certain A-Klass firearms may be sold privately.

B-Klass and certain A-Klass firearms may not be sold privately, with transferal of ownership provided through licenced gun dealers.

Registration

All firearms in Swastria must be registered. There are two separate registries maintained at the federal and constituent levels. The Federal Arms Registry (Bundeswaffenregister, BWR) is maintained for all restricted firearms in Swastria. Each registration includes the firearm's serial number, the calibre of the ammunition it fires, the make and model of the firearm, the type and class of the firearm, the details of the owner, and the date and location of the sale of the firearm. The BWR is maintained by the Federal Police.

Each constituent government maintains its own register for non-restricted weapons. The registration in constituent countries is more or less the same regardless, with the weapon's owner, serial number, calibre, make, model, and the location and date of the weapon's sale included. While it is on the onus of the owner to register their weapons, both federal and constituent law enforcement agencies have the means of enforcing registration law.