Weapons Act (WaffG)
§ 35 Advertising, Information Obligations, Trade Restrictions

(1) Anyone who offers weapons or ammunition for sale or exchange in advertisements or brochures must, for the following types of weapons, indicate the requirement of purchase authorization as follows:

1. for firearms and ammunition requiring a license: Sale only to holders of a purchase authorization,

2. for firearms and ammunition not requiring a license as well as other weapons: Sale only to persons over 18 years of age,

3. for prohibited weapons: Sale only to holders of an exemption permit,

as well as provide his name, address and, if applicable, his registered trademark. Advertisements and brochures pursuant to sentence 1 may only be published if they contain the name and address of the seller and the information required depending on the type of weapon. Sentence 2 does not apply to the disclosure of personal details of a non-commercial seller if he objects to the disclosure. The person who publishes the advertisement or brochure is obliged to keep the documents relating to the transaction for one year and to allow the competent authority to inspect them upon request in the case referred to in sentence 3.

(2) If firearms may only be carried with a permit or may only be fired with a permit, the holder of a permit pursuant to § 21 para. 1 must inform the purchaser of the requirement of a gun license or a shooting permit when selling in retail trade. When handing over blank-firing, irritant or signal weapons within the meaning of § 10 para. 4 sentence 4, the holder of a permit pursuant to § 21 para. 1 must also inform the purchaser about the criminal liability of carrying without a permit (small firearms license) and must record compliance with this obligation and the obligation to provide information under sentence 1.

(3) The distribution and transfer of firearms, ammunition, cutting or thrusting weapons is prohibited:

1. in itinerant trade, except in the cases of § 55b para. 1 of the Trade Regulation Act,

2. at official events within the meaning of Title IV of the Trade Regulation Act (fairs, exhibitions, markets), except for the acceptance of orders at fairs and exhibitions,

3. at folk festivals, shooting festivals, markets, collectors’ meetings or similar public events, except for the provision of the necessary firearms or ammunition at a shooting range as well as ammunition that is part of a collection (§ 17 para. 1) or intended for such a collection.

The competent authority may allow exceptions to these prohibitions for its district if there are no overriding public interests against it.

Footnote

(+++ § 35 paras. 1 and 5: For application see § 1 WaffV 5 +++)