42a WaffG – general information on the legal text

The most important points from our blog text in bullet points:

• Paragraph 42a of the Weapons Act describes the “prohibition of carrying imitation weapons and certain portable objects”.
• According to Section 42a of the Weapons Act, paragraph 1, carrying “imitation weapons, cutting and stabbing weapons as well as knives with a blade that can be locked with one hand (one-hand knives) or fixed knives with a blade length of more than 12 cm” in public is prohibited.
• In Section 42a of the Weapons Act, paragraphs 2 and 3 specify which exceptional cases and situations override paragraph 1 and thus allow carrying weapons.
• Legally carryable two-handed knives that can still be opened with one hand are still allowed in public, as the legislator only decides based on the design and not on whether it works or not. Anyone who is able to use great force to open a legally carryable two-handed knife with just one hand is still acting within the legal limits.
• The possession and acquisition of a knife is regulated in paragraph 40 of the Weapons Act “ Prohibited Weapons” . The manufacture, acquisition and possession of fist knives, folding knives, butterfly knives (balisongs), as well as some switchblade knives and automatic knives is always prohibited in Germany.

42a WaffG - detailed information about the legal situation

Every knife enthusiast has certainly heard something about Paragraph 42a, whether while browsing a forum or chatting with like-minded people. The paragraph " Prohibition of carrying imitation weapons and certain portable objects ", which is firmly anchored in the German Weapons Act, clearly regulates, among other things, which knives may be carried and which ones are better left at home. Not everyone is familiar with the legal provisions, which in turn often leads to truths being mixed with untruths and, as a result, stubborn half-truths becoming established. With regard to the topic of 42a WaffG, we would like to use this article to present the most important information and provide a little overview of the sometimes opaque jungle of paragraphs.

The definition of a one-hand knife

The nature of a one-hand knife is described in detail in the text of the law so that this category can be clearly identified immediately. The blade of a one-hand knife can always be opened and locked with one hand. For example, if a knife comes with an opening aid and at the same time has a " rigid " locking mechanism, then according to the law it is clearly classified in the category of a one-hand knife.

The opening aids include:

• thumb studs
• pinball machine
• thumb holes

The locking mechanisms include:

• backlock
• liner lock
• framelock

Even types of knives that you wouldn't expect can fall into the category of one-hand knives due to their properties . If carpet knives, work knives, multi-tools, etc. come in the form described above and have the respective properties, the law also classifies them as one-hand knives.

The definition of a two-handed knife

As the name suggests, a two-handed knife is a type of knife that can only be opened with the help of the other hand. Another characteristic feature is that you usually only find a nail nick. Knives like this can also be locked, but are exempt from the prohibition on carrying.

Are you allowed to carry a legally carryable two-handed knife in public, which can still be opened with one hand?

In some cases, it may be possible to open a two-handed knife with just one hand. Although this requires a lot of skill and a certain amount of force from the knife user, it can still be successful in some exceptional cases. In addition, some models have the option of realigning or adjusting the axle screw, which could potentially mean that the knife can be thrown open within a few seconds.

In practice, such behavior is irrelevant for the legislator, as it is primarily a matter of the design of the respective model. This means that a two-handed knife that can be carried legally but can still be opened with one hand because, for example, a lot of force is transferred into snapping it open is still qualified to be carried in public due to its actual design.

Why is Section 42a of the Weapons Act important?

The sheer variety of different knives alone poses the risk that certain people will try to misuse them. For example, an utensil that was initially designed exclusively for cooking can quickly become an object that is used for criminal acts. However, not all knives are the same. The structure and material differ from one knife to the next, which in turn means that not every type of knife poses the same danger. This is where Section 42a of the Weapons Act comes into play, as it makes a more precise distinction and separates the " bad " guys from the good ones.

The general security situation is noticeably increased by this paragraph, as the police can act more quickly thanks to the clearly defined legal texts and confiscate dangerous knives in public. The key word here is " public ". Section 42a of the Weapons Act describes the legal situation only in public spaces. This means that, for example, at private events, festivals, folk festivals, etc., the house rules apply and the ban could be interpreted even more strictly by the organizers. If the doorman has ordered that no knives of any kind are allowed onto or in the premises, this request must be followed if you want to be admitted.

Which weapons bans are covered by Section 42a of the Weapons Act?

Paragraph 42a of the Weapons Act (WaffG) contains a ban on public possession for 3 different numbers:

1. imitation weapons
2. cutting and stabbing weapons
3. knives with certain characteristics ( more on that later )

We have compiled individual information on the points listed below.

1. imitation weapons

As you can see from the BKA website, imitation weapons are firearms that, in terms of their external shape and overall appearance, give the impression of a real firearm. In addition, these types do not use hot gases to propel the projectile. Pure replicas of firearms that are not capable of firing but still look real are also prohibited in public. Real firearms that have been rendered unusable and that look like firearms are also disqualified. You can read all about it on the BKA website.

2. cutting and stabbing weapons

The category of cutting and stabbing weapons includes all objects with which one could cause injuries through the use of one's own muscle power, through cutting, stabbing, hitting, stabbing or throwing movements.

3. Knife

According to Section 42a of the Weapons Act, knives with a blade that can be locked with one hand (one-hand knives) may not be carried in public. The same applies to fixed knives with a blade length of more than 12 cm.

Are there any exceptions that fall under Section 42a of the Weapons Act?

Where there are clearly and precisely formulated prohibitions, there are often also clearly summarized exceptions that allow a little leeway for special activities or situations - as is the case with Section 42a of the Weapons Act. We have listed the individual exceptions below.

1. If the three prohibited items listed above are required for photo, film or television recordings or are used for theater performances, then carrying them in public is permitted.

2. If the prohibited items listed above are transported and kept in a locked container during transport, they can also be carried in public.

3. Numbers 2 and 3 listed in paragraph 1 of 42a WaffG (cutting and stabbing weapons as well as the described knives with a specific design) may be carried in public if there is a legitimate interest. The definition of this legitimate interest is also summarized precisely. The law states that a legitimate interest exists in particular if the carrying is directly related to the exercise of a profession, the preservation of traditions, the practice of a sport or some other general purpose. You can also read this again here in the original wording.

Is possession still permitted if driving is prohibited?

While carrying certain types of weapons falls under Section 42a of the Weapons Act, the legal situation regarding possession and acquisition is summarized in Section 40 of the Weapons Act, " Prohibited Weapons" . Since we would like to focus on the legal situation in the world of knives in this article, we have listed the types below for which acquisition, manufacture and possession are prohibited in Germany. These include:

• fist knife
• folding knife
• butterfly knives (Balisongs)
• Some switchblade knives and automatic knives

On the whole, however, it can be said that most knives offered on the German market are legal and can therefore be purchased without any concerns. However, a certain amount of caution should always be exercised, as possession of a prohibited weapon is anything but a minor offense.

Mistakes are often made abroad because only the laws that apply there are observed when making a purchase. After their vacation, many people are amazed when they arrive at the airport and customs take away their newly purchased items and announce legal consequences. It is important that you always know about the regulations that apply in Germany .

As already described in Section 42a of the Weapons Act, Section 40 of the Weapons Act also contains exceptions for certain types of weapons. You should find out individually well in advance of your purchase whether these apply to your intended purchase.